Ellerbee Creek Watershed Association

What Ellerbee Creek Watershed Association's governing documents say

This is a conservation easement (restrictive covenants) on an 11.59-acre portion of a 33.99-acre property in Durham, NC, held by the Ellerbee Creek Watershed Association and enforced by the State of North Carolina. It is not a homeowners' association rulebook; it binds the landowner (the Association) and future owners to preserve the land for conservation, water quality, and passive recreation. The public may use the area for passive recreation, but the document does not create a public right of access.

• What this document is: A perpetual conservation agreement recorded in 2019, binding the landowner and all future owners to protect the Conservation Values of the Agricultural Match Area (11.59 acres). It is not a community association rulebook.
• Allowed uses: Passive recreation (hiking, walking, non-commercial hunting/fishing, nature study, photography) is allowed, with minimal surface disturbance. The landowner may build and maintain greenway trails, parking areas, and incidental facilities (benches, boardwalks, signs) at least 50 feet from surface waters where practicable.
• Prohibited activities: No new construction (except trails and permitted facilities), no industrial/commercial use, no dumping, no mineral extraction, no subdivision, and no disturbance of natural features except for specific conservation or safety purposes. Motorized vehicles are prohibited except for management, maintenance, or on existing farm roads.
• Landowner's reserved rights: The landowner may conduct low-intensity farming and timber operations (with stormwater and forest management plans), restore streams, manage vegetation, maintain the dam and pond, and install water wells. Permanent farm infrastructure is capped at 25,000 sq ft of impervious surface; temporary infrastructure at 5,000 sq ft.
• Enforcement and transfer: The State has the right to enforce the covenants and may enter the property to inspect. The landowner cannot amend the covenants without the State's written consent, and any future transfer must be to a qualified conservation organization.
• What this document doesn't cover: It does not govern residential use, pets, leasing, assessments, or architectural review for homeowners. It also does not guarantee public access; the document explicitly states it does not convey a public right of access.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.